The High Court of Fiji has ruled that Raiwaqa Buses Limited is liable for injuries sustained by a passenger, Samuela Sautamata Ritova, in a bus accident that occurred on May 28, 2014.
Mr Ritova, a schoolteacher, was a passenger on the bus (registration DU 927) when it crashed.
In a judgment delivered by Justice Chaitanya Lakshman on August 29, the Court found that the bus driver, the late Akhtar Ali, an employee of Raiwaqa Buses, was negligent.
As a result, the company was held vicariously liable.
This case served as a test case to determine liability for several related claims arising from the same incident.
The Court confirmed that the outcome of Mr Ritova’s case will apply to four other actions filed in court by Seru Sauliga, Kanchan Lal, Shameem Ali, and Mosese Daulakeba
Although the bus was insured under both compulsory and comprehensive policies, the Court dismissed Raiwaqa Buses’ claim for indemnity against third-party insurer Sun Insurance Company Limited.
The judgment stated that the company failed to maintain a roadworthy vehicle and ignored known mechanical defects, disqualifying them from coverage.
Justice Lakshman ruled that Mr Ritova is entitled to general and special damages, which are to be assessed at a later hearing.
